Can You Get Unemployment When Forced To Resign
Worked in PA. I was placed on administrative leave pending an investigation of an accident...My department told me they decided on my termination because I have communication issues. Therefore, I was given two choices: to be discharged or to resign. Not willing to take a chance, I asked for resignation, and they dropped the investigation. Are there any chances for me to collect UC benefits while I am recovering from emotional distress and looking for a new job?
I need help to fill in a Claimant Questionnaire for Unemployed Compensation (UC). I have already submitted an initial application for UC stating the reason of loosing my job as quitting.
Answer For: Can You Get Unemployment When Forced To Resign?
I couldn't possibly know if YOU have a chance of getting unemployment benefits after being forced to resign.
However you told me enough that I would want to get further facts before offering an opinion on your chances.
Even though you resigned from your job it was under circumstances called a quit in lieu of being discharged
.. and that is supposed to be adjudicated as a discharge for the simple reason that the employer was the moving party because you had no choice or options left except to choose between being fired or to quit.
So, your chance for getting unemployment is dependent on whether the employer can sustain that the reason for giving you this choice was based upon real misconduct.
By sustain .. I mean at an appeal hearing where a full fact finder is conducted giving you the opportunity to expose the weakness in the employer's burden of proof.
It is not uncommon for employees to be forced into quitting their jobs .. it's an effective strategy in some cases.
Nor is it uncommon, that employees are initially denied
benefits, but it is much less common that employees appeal this type of discharge and when they do, the main piece of evidence against them is a resignation letter which thanks an employer for the opportunity to work for them and doesn't expose any of the details leading to why they tendered that letter.
Talk about a bad move .. because trust me .. it's rare that an employer that documents actually rehires a person after they've gotten them to do this.
But, here's what I don't know and the beginnings of what you do need to consider with regard to getting unemployment benefits.
What exactly did the employer document and put into your personnel file? (Request that when you need it .. do this in writing. All Employer evidence should be found in a well maintained personnel file and many states have very specific laws about personnel files kept by employers.)
What might the employer do if you tell all now on the questionnaire and get benefits. Will the employer appeal?
Do you have documents (the resignation letter) in your possession to send along with the questionnaire which serve to rebut their burden now?
If the employer does appeal, who do you think will be their witnesses(es) at the hearing? Witnesses should have first hand testimony about the alleged misconduct and it should be supported by documentation. How will you rebut?
What exactly did you state in your resignation letter?
Did you make clear in that letter that you were being forced into writing it and why?
What was the original reason for the administrative leave?
Did it have anything to do with a "communication problem"?
Getting unemployment benefits really is in the details .. and who can prove their version is the most credible and therefore, factual account of what happened.